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Could James Simons be the next Bernie Madoff?

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Ever since the $50 billion Madoff Securities Ponzi scheme came to light, I have been wondering whether there are others out there that have yet to be discovered. While the facts of how Madoff was able to keep his scheme going remain elusive, it appears that a recent $7 billion cash call made it clear that he did not have enough cash on hand. If Madoff was indeed a Ponzi scheme, he would have needed to raise $7 billion from new investors to meet those redemption requests -- since he could not raise that much new money he folded his hand.

It is hard to believe that Madoff is the only scam artist out there. Why was Madoff able to pull it off for so long? Are there other funds with similar characteristics? Is James Simons' $35.4 billion (October 2007 assets under management) Renaissance Technologies such a fund? The answer to the last question is that it's possible but unlikely.

Since enough is not yet known about where Madoff's money came from and where it went, we don't know how he pulled it off. But, as I posted, there are four key elements that probably contributed:

  • Unrealistically steady returns that others could not duplicate. Madoff reported 1% a month returns through a split conversion strategy that others could not duplicate but that investors wanted to believe was real;
  • Lack of independent auditing. Madoff had a three-person audit firm -- one of whose members was a 78-year- old living in Florida;
  • Weak financial controls. Madoff controlled trading, custodianship, and reporting; and
  • Club marketing. Madoff created an aura of exclusivity about investing which made people feel that giving him their money was like being admitted to a prestigious club.

James Simons -- a math genius who taught in Harvard's math department -- is one of the most successful investors alive if reporting on him is accurate. His Renaissance Technologies -- which is staffed by PhD mathematicians and scientists -- managed $35.4 billion as of October 2007, and it charges a 5% management fee and 36% of profits compared with the industry standards of 2% and 20%. In 2006, Simons made $1.7 billion and between 1996 and 2007 his funds earned 43.6% annualized annual returns, net of fees. In the first three quarters of 2008 his $8 billion Medallion Fund was up 58%.

What does Simons have in common with Madoff? There is one area where Simons and Madoff share a common attribute -- nobody can figure out how they make (or in Madoff's case made) money. However, there is also a crucial difference -- Simons does not have outside investors (he returned the capital of outside investors in 2005) -- Renaissance is run completely for the benefit of its employees.

If Renaissance borrows money, then its lenders could be at risk if Renaissance is not what it claims to be. Otherwise, the biggest losers would be its employees. Nevertheless, Renaissance is quite intense when it comes to secrecy -- just as Madoff was. In 2003, Simons sued two former employees whom he fired for not signing non-compete contracts. They revealed some information about three of his strategies.

In one such strategy Renaissance uses something called limit order book data -- information on trades that have not yet happened. If a fund could get access to such data, it would be a form of inside (but possibly legal) information -- profiting from the knowledge of a trade that is about to happen.

For example, a fund firm could look at such data and identify a large sell order for a stock that was trading at $15.05 -- but the sell order was for $15 a share. The fund could sell the stock short at $15.01 and then cover its position when the sell order was executed at $15 -- making a penny a share in profit.

My hunch is that Simons could be one of those rare people who really is able to beat the market by a wide margin consistently. But as the Long-Term Capital Management fiasco proves, simply hiring math geniuses does not mean you will always win. Nevertheless, if it's true that Simons does not have outside investors, if his fund is a scam he would only be hurting himself and his employees.

Peter Cohan is president of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter. He has no financial interest in the securities mentioned.

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Last updated: November 25, 2009: 06:02 AM

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